Federal Register / Vol. 72, No. 69 / Wednesday, April 11, 2007 / Proposed Rules 18193 

scientific community in the 

development of these regulations. 

The April 19–20, 2007 consultation 

meeting supports the Secretary of the 

Interior’s responsibility to consult with 

the Review Committee regarding the 

development of regulations. 

The Native American Graves 

Protection and Repatriation Act 

provides criteria for determining the 

ownership of Native American cultural 

items that are excavated or discovered 

on Federal or tribal lands after 

November 16, 1990 [25 U.S.C. 3002 (a)]. 

Ownership or control of such items is, 

with priority given in the order listed: 

(1) In the case of human remains and 

associated funerary objects, in the lineal 

descendant of the deceased individual; 

(2) In cases where the lineal 

descendant cannot be ascertained or no 

claim is made, and with respect to 

unassociated funerary objects, sacred 

objects, and objects of cultural 

patrimony: 

(i) In the Indian tribe on whose tribal 

land the human remains, funerary 

objects, sacred objects, or objects of 

cultural patrimony were discovered 

inadvertently; 

(ii) In the Indian tribe or Native 

Hawaiian organization that has the 

closest cultural affiliation with the 

human remains, funerary objects, sacred 

objects, or objects of cultural patrimony; 

(iii) In circumstances in which the 

cultural affiliation of the human 

remains, funerary objects, sacred 

objects, or objects of cultural patrimony 

cannot be ascertained and the objects 

were discovered inadvertently on 

Federal land that is recognized by a 

final judgment of the Indian Claims 

Commission or the United States Court 

of Claims as the aboriginal land of an 

Indian tribe: 

(A) In the Indian tribe aboriginally 

occupying the Federal land on which 

the human remains, funerary objects, 

sacred objects, or objects of cultural 

patrimony were discovered, or 

(B) If it can be shown that a different 

Indian tribe or Native Hawaiian 

organization has a stronger cultural 

relationship with the human remains, 

funerary objects, sacred objects, or 

objects of cultural patrimony, in the 

Indian tribe or Native Hawaiian 

organization that has the strongest 

demonstrated relationship with the 

objects [43 CFR 10.6 (a)]. 

The Act directs that Native American 

cultural items not claimed under 

subsection (a) shall be disposed of in 

accordance with regulations 

promulgated by the Secretary of the 

Interior in consultation with the Review 

Committee, Native American groups, 

representatives of museums, and the 

scientific community [25 U.S.C. 3002 

(b)]. One section of the regulations was 

reserved for procedures to effect the 

disposition of Native American cultural 

items that are not claimed [43 CFR 

10.7]. 

Participants in the consultation 

meetings are requested to comment on 

the following issues: 

(1) How should the regulations 

address distinctions between: 

(a) human remains, funerary objects, 

sacred objects, or objects of cultural 

patrimony remaining in Federal care for 

which ownership or control is with a 

lineal descendant or an Indian tribe or 

Native Hawaiian organization on whose 

lands the cultural items were 

discovered? 

(b) human remains, funerary objects, 

sacred objects, or objects of cultural 

patrimony remaining in Federal care for 

which an Indian tribe or Native 

Hawaiian organization has stated a 

claim based on cultural affiliation, 

aboriginal land, or cultural relationship? 

(c) human remains, funerary objects, 

sacred objects, or objects of cultural 

patrimony remaining in Federal care for 

which a non-federally recognized Indian 

group has stated a claim based on a 

relationship of shared group identity? 

(d) human remains and associated 

funerary objects remaining in Federal 

care for which no claim has been made? 

(2)Do current regulations regarding 

the curation of Federally-owned and 

administered archaeological collections 

[36 CFR 79] adequately address the 

management, preservation, and use of 

human remains, funerary objects, sacred 

objects, or objects of cultural patrimony 

remaining in Federal care? 

Dated: April 5, 2007. 

Sherry Hutt, 

Manager, National NAGPRA Program. 

[FR Doc. E7–6789 Filed 4–10–07; 8:45 am] 

BILLING CODE 4312–50–S 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 648 

[I.D. 032907A] 

RIN 0648–AS22 

Magnuson-Stevens Fishery 

Conservation and Management Act 

Provisions; Fisheries of the 

Northeastern United States; Summer 

Flounder, Scup, and Black Sea Bass 

Fisheries; Amendment 14 to the 

Summer Flounder, Scup, and Black 

Sea Bass Fishery Management Plan 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Notice of Availability of 

proposed fishery management plan 

amendment; request for comments. 

SUMMARY: NMFS announces that the 

Mid-Atlantic Fishery Management 

Council (Council) has submitted 

Amendment 14 to the Summer 

Flounder, Scup, and Black Sea Bass 

Fishery Management Plan (FMP) 

(Amendment 14), incorporating the 

draft Environmental Assessment (EA), 

preliminary Regulatory Impact Review 

(RIR), and the Initial Regulatory 

Flexibility Analysis (IRFA), for review 

by the Secretary of Commerce and is 

requesting comments from the public. 

The proposed measures include a 

plan to rebuild the scup stock from an 

overfished condition to the level 

associated with maximum sustainable 

yield, as required by the MagnusonStevens Fishery Conservation and 

Management Act (Magnuson-Stevens 

Act). The proposed action also includes 

an administrative change that would 

allow changes to the scup Gear 

Restricted Areas (GRAs) through a 

framework adjustment to the FMP. The 

intended effect of this change is to 

improve the timing of developing and 

implementing modifications to the 

GRAs. 

DATES: Comments must be received on 

or before June 11, 2007. 

ADDRESSES: You may submit comments 

by any of the following methods: 

• E-mail: 

FSBAmendment14NOA@noaa.gov. 

Include in the subject line the following 

identifier: ‘‘Comments on Amendment 

14 to the Summer Flounder, Scup, and 

Black Sea Bass FMP.’’

• Federal e-rulemaking portal: http:/ 

www.regulations.gov 


cprice-sewell on PRODPC61 with PROPOSALS
18194 Federal Register / Vol. 72, No. 69 / Wednesday, April 11, 2007 / Proposed Rules 

• Mail: Patricia A. Kurkul, Regional 

Administrator, NMFS, Northeast 

Regional Office, One Blackburn Drive, 

Gloucester, MA 01930. Mark the outside 

of the envelope: ‘‘Comments on 

Amendment 14 to the Summer 

Flounder, Scup, and Black Sea Bass 

FMP.’’

• Fax: (978) 281–9135 

Copies of Amendment 14 and of the 

draft Environmental Assessment, 

preliminary Regulatory Impact Review, 

and Initial Regulatory Flexibility 

Analysis (EA/RIR/IRFA) are available 

from Daniel T. Furlong, Executive 

Director, Mid-Atlantic Fishery 

Management Council, Room 2115, 

Federal Building, 300 South New Street, 

Dover, DE 19901–6790. The EA/RIR/ 

IRFA is also accessible via the Internet 

at http://www.nero.noaa.gov. 

FOR FURTHER INFORMATION CONTACT: 

Michael P. Ruccio, Fishery Policy 

Analyst, 978–281–9104. 

SUPPLEMENTARY INFORMATION: The 

Magnuson-Stevens Act requires that 

each Regional Fishery Management 

Council submit any FMP amendment it 

prepares to NMFS for review and 

approval, disapproval, or partial 

approval. The Magnuson-Stevens Act 

also requires that NMFS, upon receiving 

an FMP amendment, immediately 

publish a notice in the Federal Register 

that the amendment is available for 

public review and comment. If 

approved by NMFS, this amendment 

would implement a rebuilding program 

to increase the scup stock to the level 

associated with maximum sustainable 

yield (Bmsy). The amendment would also 

effect an administrative change to the 

regulations on framework adjustments. 

Background 

In August 2005, NMFS notified the 

Council that the scup stock had 

officially been designated as overfished 

as defined by the Magnuson-Stevens 

Act. Specifically, the 3–year Northeast 

Fishery Science Center (NEFSC) 

spawning stock biomass (SSB) value for 

scup had declined below the minimum 

biomass threshold. In response, the 

Council began development of 

Amendment 14 to the FMP in February 

2006 to rebuild the scup stock to the 

biomass target. 

This action proposes scup rebuilding 

program alternatives which would, 

within at least 10 years, increase the 

scup stock to the target biomass level 

(i.e., achieve stock rebuilding) as 

required by the Magnuson-Stevens Act. 

In addition, this action proposes a single 

administrative change to the procedures 

for modifying the GRAs. Currently, 

GRAs are modified though the annual 

specification process. This action 

proposes to change the procedures so 

that GRAs may be modified through 

framework adjustments to the FMP. 

Public comments are being solicited 

on Amendment 14 and its incorporated 

documents through the end of the 

comment period stated in this notice of 

availability. A proposed rule that would 

implement Amendment 14 will be 

published in the Federal Register for 

public comment, following NMFS’s 

evaluation of the proposed rule under 

the procedures of the Magnuson-Stevens 

Act. Public comments on the proposed 

rule must be received by the end of the 

comment period provided in this notice 

of availability of Amendment 14 to be 

considered in the approval/disapproval 

decision on the amendment. All 

comments received by June 11, 2007, 

whether specifically directed to 

Amendment 14 or the proposed rule 

will be considered in the approval/ 

disapproval decision on Amendment 

14. Comments received after that date 

will not be considered in the decision 

to approve or disapprove Amendment 

14. To be considered, comments must 

be received by close of business on the 

last day of the comment period; that 

does not mean postmarked or otherwise 

transmitted by that date. 

Authority: 16 U.S.C. 1801 et seq. 

Dated: April 5, 2007. 

James P. Burgess, 

Acting Director, Office of Sustainable 

Fisheries, National Marine Fisheries. 

[FR Doc. E7–6881 Filed 4–10–07; 8:45 am] 

BILLING CODE 3510–22–S 


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